Colo. Rev. Stat. » Title 16
Colorado Revised Statutes

Colo. Rev. Stat. § 16-3-108 (2026)

Issuance of arrest warrant without information or complaint

✓ current as of July 2026
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A court shall issue an arrest warrant only on affidavit sworn to or affirmed before the judge or a notary public and relating facts sufficient to establish probable cause that an offense has been committed and probable cause that a particular person committed that offense. The court shall issue a warrant for the arrest of such person commanding any peace officer to arrest the person so named and to take the person without unnecessary delay before the nearest judge of a court of record. Once a person is brought before the judge, the Colorado rules of criminal procedure are applicable.

Source: L. 72: R&RE, p. 199, § 1. C.R.S. 1963: § 39-3-108. L. 95: Entire section amended, p. 463, § 3, effective July 1.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1980–2025 · leading case: KAILEY v. Chambers, 261 P.3d 792 (Colo. Ct. App. 2011).
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KAILEY v. Chambers, 261 P.3d 792 (Colo. Ct. App. 2011). · cites it 25× “2010, and the issuance of a warrant to arrest DMB pursuant to section 16-3-108, C.R.S.2010. Without requiring a response from the District Attorney or conducting a hearing, the district court denied Kailey's motion, finding that he had not met his burden under section 16-5-209…”
People v. Schultz, 611 P.2d 977 (Colo. 1980). · cites it 3× “Section 16-3-108, C.R.S. 1973 (now in 1978 Repl.”
Outlaw v. People, 17 P.3d 150 (Colo. 2001). “2d at 12 ; § 16-3-108, 6 C.R.S. (2000) (codifying this test).”
People v. Jackson, 39 P.3d 1174 (Colo. 2002). “; § 16-3-108, 6 C.R.S. (2001) ("A peace officer may stop any person who he reasonably suspects is committing, has committed, or is about to commit a crime and may require him to give his name and address, identification if available, and an explanation of his actions.”
People v. Woods, 885 P.2d 287 (Colo. Ct. App. 1994). · cites it 3× “Section 16-3-108, C.R.S. (1986 Repl. Vol.”
People v. Ramirez, 1 P.3d 223 (Colo. Ct. App. 1999). “See § 16-3-108(1), C.R,8.1998. The purpose of an investigatory stop is to permit a police officer to confirm or dispel suspicions of criminal activity through reasonable questioning.”
Peo v. Mowers (Colo. Ct. App. 2025). · cites it 7× “2025 (providing for arrest by a peace officer); § 16-3-108, C.R.S. 2025 (providing conditions for issuing an arrest warrant); Kailey v.”
People v. Campbell, 633 P.2d 509 (Colo. Ct. App. 1981). · cites it 2× “143 (1915); § 16-3-108, C.R.S. 1973 (1978 Repl. Vol. 8).”
— Colo. Rev. Stat. § 16-3-108(1) — 1 case
People v. Ramirez, 1 P.3d 223 (Colo. Ct. App. 1999). “See § 16-3-108(1), C.R,8.1998. The purpose of an investigatory stop is to permit a police officer to confirm or dispel suspicions of criminal activity through reasonable questioning.”
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